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This application does not require payment of an application fee.
A trustee lease:
may not be granted over more than one reserve or deed of grant in trust
must contain clauses that relate to the purpose of the trustee lease and rent
is subject to the prescribed terms regulated in the Land Regulation 2020 (irrespective of whether the tenure document refers to the prescribed terms).
Next step
We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.
Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
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Before you can apply you must read the information contained on this page and accept these terms by using the <Agree> button at the base of this page. This will allow you to access the application form.
The trustee must make the application, not the proposed trustee lessee.
A trustee can lease all or part of the trust land. The trustee must first obtain written ‘in principle’ approval from the Department of Resources. The trustee should first contact the Department to confirm whether the proposed trustee lease would be considered.
A trustee may authorise use and occupation of trust land by third parties (secondary use) under a trustee lease. This application form does not apply to land in trust for Aboriginal and Torres Strait Islander people and associated purposes that are administered under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991.
Before applying
You are strongly encouraged to read the Department of Resources operational policy Secondary Use of Trust Land (PDF, 770KB). The policy clarifies the circumstances in which trustee leases may be issued.
Contact the Department to confirm that the proposed lease will be considered and to ensure you have the information you need to apply correctly.
You may be required to provide a survey plan or sketch map of the proposed lease area. The Registrar of Titles directions for the preparation of plans (see section 5.7) will help you determine the most appropriate map or plan to prepare.
The prescribed terms framework aims to protect and clarify state and community interests in land that is subject to a trustee lease or trustee lease sublease created under the Land Act 1994.
From 1 July 2020, the framework for prescribed terms replaced the mandatory standard terms document 711932933 (MSTD) that previously applied to these types of leases. All trustee leases and trustee lease subleases, whether registered in the Titles Registry or not, are subject to prescribed terms. A trustee lease or trustee lease sublease document lodged for registration in the Titles Registry after 1 July 2020 must not refer to the MSTD.
The prescribed terms:
define the legal requirements for entities holding a trustee lease or trustee lease sublease
ensure that the state’s interest and public benefit assigned to the land is protected
existing trustee leases or trustee lease sublease documents registered prior to 1 July 2020 are subject to the prescribed terms regardless of the MSTD.
If a definition or clause in the trustee lease document or a standard terms document is inconsistent with the prescribed term, the prescribed term prevails to the extent of the inconsistency.
You can apply either:
online
by printing and completing PDF application forms.
Online applications
To submit your online application, you'll need:
a draft trustee lease document
copy of the land management plan if it exists or has been drafted.
The application must be signed (electronically) by the applicant or a legal practitioner on behalf of the applicant and will be lodged automatically through the online process.
Within the online application, there is a help guide to assist you to complete your application.
PDF applications
To submit your PDF application, you'll need:
Trustee lease (PDF) application form
Contact and land details (online or PDF) application form
a draft trustee lease document
copy of the land management plan if it exists or has been drafted.
Once completed, your PDF application forms can be lodged by:
posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.
This application does not require payment of an application fee.
We will assess your application against legislative requirements. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.
Once we have received the advice of other stakeholders and all issues have been investigated, we will send you a written notice of the decision. Your application may be:
approved
approved over a reduced area (approved in part)
refused.
The department’s approval of a trustee lease may be subject to conditions; for example, a management plan for the trust land may be required
If approved, you will be provided with a Titles Registry Form 18—General consent.
For the trustee lease to be valid, you must register it with the Titles Registry.
Information on this form, and any attachments, is being collected to process and assess your application under section 57 of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised by law.
We may wish to contact you to seek your views on our service, to advise you of any legislative changes that might affect you, or to seek your participation in surveys or programs relevant to your application type. Any participation will be voluntary, and you may email stateland@resources.qld.gov.au if you do not wish for the department to contact you.
We may also compile or analyse statistics and conduct research. Any publication of findings will not involve the publication of identifying personal information.
In terms of the Right to Information Act 2009 interested parties may seek access to the department’s records and view relevant documents.
We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.
